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Bausch and Lomb India Ltd. and ors. Vs. Registrar of Co., Delhi and Ha ...

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Sections 468, 472 and 482; Companies Act, 1956 - Sections 72(2A) and 73(2B);

Reported in : 2000VAD(Delhi)334; 85(2000)DLT409; 2000(53)DRJ819

the matter on behalf of the Registrar of Companies. His preparation and presentation of the case was impressive. Criminal Procedure Code, 1973 - Section 468 and 472--Continuing offence--Failure to refund over subscribed amount as required under section 73(2A) and … Act, 1956 (for short 'the Act') is a continuing offence within the meaning of Section 472 of the Code of Criminal Procedure, 1973 (for short 'the Code') for that if it is held to be so, then … instant case is whether the offence under Section 73(2B) read with Section 72(2A) of the Companies Act, 1956 (for short 'the Act') is a continuing

K. Manohar Rao Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Subject : ConstitutionCriminal

Acts : Andhra Pradesh Prisons Rules, 1979 - Sections 59(5) - Rules 8, 318, 320, 321, 324(A)(B), 326 and 351; Prisons Act, 1894 -; Constitution of India - Articles 14, 21, 32, 72 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 432 and 433-A; Essential Commodities Act, 1955; Protection of Civil Rights Act, 1955; Indian Penal Code (IPC), 1860 - Sections 55

Reported in : 1999(1)ALD214; 1999(1)ALT316; 1999CriLJ1551

merely because of long accumulation of remissions. Release would follow only upon an order under Section 401 of the Criminal Procedure Code, 1898, (corresponding to Section 432 of the 1973 Code) by the appropriate Government or on a clemency order … granted, presumably the Rules are referring to the 'remission granted by the Government under the provisions of the Code of Criminal Procedure.5. The functions of the Advisory Board are not clearly defined under the Prisons Rules. However, … President in the matter of passing of such orders, whereas under Articles 72 and 161 of the Constitution, the power is vested with the President

Shiv Mohan Singh Vs. the State (Delhi Administration)

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 72; Code of Criminal Procedure (CrPC) , 1973 - Sections 235 and 235(2)

Reported in : AIR1977SC949; 1977CriLJ767; (1977)2SCC238

case rules out the arguments urged by counsel. Hearing is obligatory at the sentencing stage under the New Criminal Procedure Code. The humanist principle of individualising punishment to suit the person and his circumstances is best served by hearing … to the Court of Session for reconsideration of the sentence in the light of Section 235(2) of the CrPC, 1973. Dismissal of this proceeding did not deter the petitioner from persisting in moving this Court That is how … which has been sought and negatived, may still be open under Article 72 of the Constitution. Mercy, like divinity, is amenable to unending exercise but

State of U.P. Vs. Sanjay Kumar.

Court : Karnataka

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 376, 302; Code of Criminal Procedure (CrPC), 1973 - Sections 164, 433(A); Constitution of India - Articles 142, 72, 161

Reported in : 2012(8)SCC537; 2012AIRSCW5157; JT2012(8)175; 2012(8)SCALE3

[B.S. CHAUHAN; SWATANTER KUMAR, JJ.] Indian Penal Code (IPC), 1860 - Sections 376, 302; Code of Criminal Procedure (CrPC), 1973 - Sections 164, 433(A); Constitution of India - Articles 142, 72, 161 -- The High Court after placing … particularly placing reliance upon the confessional statement made by the respondent under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter called ‘Cr.P.C.), the trial Court vide its judgment and order dated 5.12.2009 in Sessions Trial No.

Ashok Kumar Alias Golu Vs. Union of India and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 32, 72, 141, 161, 245 and 246; Code of Criminal Procedure (CrPC) - Sections 401, 428, 432 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958; Indian Penal Code (IPC), 1860 - Sections 40, 45, 53A, 54, 55, 57, 65, 116, 119, 120, 302, 303, 305, 307, 396 and 511; Indian Penal Code (Amendment) 1978; Orissa Agricultural Income-tax (Amendment) Act, 1950; Orissa Estates Abolition Act, 1952; Prisons Act, 1894; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : AIR1991SC1792; 1991CriLJ2483; JT1991(3)SC46; 1991(2)SCALE17; (1991)3SCC498; [1991]2SCR858

certain provisions of the Indian Penal Code (Amendment) Bill were interlinked with Section 433A of the Code.7. Assuming the Criminal Procedure Code (Amendment) Bill and the Indian Penal Code (Amendment) Bill were intended to provide an intergrated scheme of legislation, … Sentences) Rules, 1958, (hereinafter alluded to as 'the 1958 Rules') notwithstanding the insertion of Section 433A in the CrPC, 1973 (hereinafter called 'the Code') with effect from December 18, 1978, just two days before his conviction. His grievance … realise that Section 433A cannot override the constitutional power conferred by Articles 72 and 161 of the Constitutional on the President and the Governor, respectively,

Arunbhai Nilkanthrai Nanavati Vs. Jayaben Prahladbhai and anr. (Throug ...

Court : Gujarat

Subject : Company

Acts : Negotiable Instruments Act, 1881 - Sections 72, 84 and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 245(2); Code of Criminal Procedure (CrPC) , 1974

Reported in : [2000]100CompCas828(Guj); (1999)3GLR2096

of offences. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), - (a) no court shall take cognisance of any … the petitioner presented the third application, exhibit 10 requesting the court to discharge him under section 245(2) of the Criminal Procedure Code because the cheque was presented after the expiry of the period of six months. The learned judicial Magistrate … the court to discharge him under section 245(2) of the Criminal Procedure Code because the cheque was presented after the expiry of the period of … For just and meaningful interpretation, other relevant provisions of the Act can be looked at. One cannot overlook section 72 of the Act. It provides that subject to the provisions of section 84, a cheque must in order

Ravindersingh @ Ravi Pavar Vs. State of Gujarat

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Section 439; Indian Penal Code (IPC), 1860 - Sections 302, 307, 328, 272, 273, 201, 109, 114, 120B; Bombay Prohibition Act, 1949 - Sections 65(a)(b)(c)(d)(e), 66(1)(b), 67-1A, 72, 75, 81, 83

appeals filed by the State are allowed. [ P. SATHASIVAM; JAGDISH SINGH KHEHAR, JJ.] Code of Criminal Procedure (CrPC), 1973 - Section 439; Indian Penal Code (IPC), 1860 - Sections 302, 307, 328, 272, 273, 201, 109, 114, … 1281 of 2012 whereby the High Court dismissed his application filed under Section 439 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) seeking regular bail in C.R. No. 252 of 2009 registered with Odhav Police … Indian Penal Code, 1860 (‘IPC’ for short) and Sections 65(a)(b)(c)(d)(e), 66(1)(b), 67-1A, 72, 75, 81 and 83 of the Bombay Prohibition Act, 1949.3) The State

Ramakrishna, Mandya Vs. the Secretary, Home Dept. Bangalore and Others

Court : Karnataka

Subject : Land Acquisition

Acts : Constitution Of India - Articles 226, 227, 72, 161, 142(1), 145, 367(1), 74, 20(1), 72/161, 21, 74(1), 14; Indian Penal Code (IPC) - Sections 448, 302, 143, 144, 148, 301, 57; Code of Criminal Procedure (CrPC) 1973 - Sections 235(1), 401(5), 402, 432, 433, 433A, 435, 401, 432(3); uttar pradesh Prisoners’ Release on Probation Act, 1938; General Clause Act, 1897 - Sections 3(8)(b), 3(60)(b), 14, 21

released the convicted person before the expiry of 14 years contrary to Section 433.A of the Code of Criminal Procedure, 1973, which is patently illegal, arbitrary, without jurisdiction and therefore is liable to be set aside.7. Per contra, … would be permissible. It is also highlighted that similar provisions are specifically provided in Sections 432 and 433 CrPC. Merely because Article 72 and Article 161 of the Constitution have not been so provided specifically that would

M.T. Khan Vs. the Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 14, 72, 161 and 162; Indian Penal Code (IPC), 1860 - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 432, 433 and 433A

Reported in : 1996(4)ALD346; 1996(2)ALT97; 1997CriLJ1962

Constitution of India, Section 302 of Indian Penal Code, 1860 and Sections 401, 432, 433 and 433A of Criminal Procedure Code, 1973 - detention of convicts challenged by appellant on ground of being illegal and arbitrary - whether Governor … to what relief the two convicts in question are entitled 7. Re (1) : Section 432 of the Code of Criminal Procedure, 1973, empowers the appropriate Government to suspend or remit sentence with or without conditions. It … of the clemency power of the President and the Governors under Articles 72 and 161 of the Constitution : 'Once a sentence has been imposed,

The Manager, Asian Paints (India) Limited Vs. the Inspector of Legal M ...

Court : Karnataka

Subject : Criminal

Acts : Standards of Weights and Measures Act, 1976 - Sections 72 and 83; Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Rules 4, 6(1), 6(4), 6(6), 6(7) and 23; Code of Criminal Procedure (CrPC) , 1973 - Sections 200 and 482

Reported in : 2002CriLJ3869; 2002(6)KarLJ481

in law.Accordingly, the petition is allowed and the proceedings are quashed. Criminal - violation - Section 482 of Criminal Procedure Code, 1973, Rules 4, 6 and 23 of Standards of Weights and Measures Act, 1976 and Section 72 of … the petition is allowed and the proceedings are quashed. Criminal - violation - Section 482 of Criminal Procedure Code, 1973, Rules 4, 6 and 23 of Standards of Weights and Measures Act, 1976 and Section 72 of